Avoidance Creep
At first glance, constitutional avoidance—the principle that courts construe statutes to avoid conflict with the Constitution when possible—appears both unremarkable… Continue reading →
At first glance, constitutional avoidance—the principle that courts construe statutes to avoid conflict with the Constitution when possible—appears both unremarkable… Continue reading →
Risk-based rules are the tax system’s primary response to aggressive tax planning. They usually grant benefits only to those taxpayers… Continue reading →
Tebbe’s Article considers whether the government may single out religious actors and entities for exclusion from its support programs. The… Continue reading →
For decades, the Supreme Court has expanded the Federal Arbitration Act (FAA) and companies have placed arbitration clauses in hundreds… Continue reading →
When agencies implement their statutes, administrative law doctrine describes what they do as interpretation. This raises the question of how… Continue reading →
In this Article, Dean Graham examines the recent history of federal lifesaving regulation and argues that, considering both philosophical and… Continue reading →
The Dodd–Frank Act, enacted in the wake of the U.S. financial crisis of 2007 to 2009, is the federal government’s… Continue reading →
Modern debates over the scope of federal treaty-making power are framed by histories written at the turn of the last… Continue reading →
A prominent federal judge who knows the field well suggested that I immerse myself in Steve Burbank’s work when I… Continue reading →
Sometimes what is implied and inferred can be as important as what is stated. In this Article, I argue that… Continue reading →